,,ii ,calendar ,no4 #afj #aafth ,,congress #ast ,session ,s4 #ahhc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ah1 #bjai,mr4 ,grassley 7for himself1 ,mrs4 ,feinstein1 ,mr4 ,cornyn1 ,mr4 ,whitehouse1 and ,ms4 ,klobuchar7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,july #bc1 #bjai,reported by ,mr4 ,graham1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to improve the prohibitions on money laundering1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,combating ,money ,laundering1 ,terrorist ,financing1 and ,counterfeiting ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,transportation or transhipment of blank checks in bearer form4,sec4 #c4 ,bulk cash smuggling4,sec4 #d4 ,section #aieg violations involving commingled funds and aggregated transactions4,sec4 #e4 ,charging money laundering as a course of conduct4,sec4 #f4 ,illegal money services businesses4,sec4 #g4 ,concealment money laundering4,sec4 #h4 ,freezing bank accounts of persons arrested for offenses involving the movement of money across international borders4,sec4 #i4 ,prohibiting money laundering through hawalas1 other informal value transfer systems1 and closely related transactions4,sec4 #aj4 ,technical amendment to restore wiretap authority for certain money laundering and counterfeiting offenses4,sec4 #aa4 ,making the international money laundering statute apply to tax evasion4,sec4 #ab4 ,conduct in aid of counterfeiting4,sec4 #ac4 ,administrative subpoenas for money laundering cases4,sec4 #ad4 ,obtaining foreign bank records from banks with ,united ,states correspondent accounts4,sec4 #ae4 ,danger pay allowance4,sec4 #af4 ,clarification of ,secret ,service authority to investigate money laundering4,sec4 #ag4 ,prohibition on concealment of ownership of account4,sec4 #ah4 ,prohibition on concealment of the source of assets in monetary transactions4,sec4 #ai4 ,rule of construction4 #b4 ,transportation or transhipment of blank checks in bearer form ,section #ecaf of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,monetary instruments with amount left blank ,for purposes of this section1 a monetary instrument in bearer form that has the amount left blank1 such that the amount could be filled in by the bearer1 shall be considered to have a value of more than #aj1jjj if the instrument was drawn on an account that contained1 or was intended to contain more than #aj1jjj at the time-- 7#a7 the instrument was transported2 or 7#b7 the instrument was negotiated or was intended to be negotiated4 4 #c4 ,bulk cash smuggling ,section #eccb7;b7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #e years and inserting #aj years2 7#b7 by redesignating paragraphs 7#b71 7#c71 and 7#d71 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,fine 7,a7 ,in general ,whoever violates this section shall be fined under title #ah4 7,b7 ,enhanced fine for aggravated cases ,whoever violates this section while violating another law of the ,united ,states1 other than section #ecaf or #ecbd7;c7 of this title1 or as a part of a pattern of any unlawful activity1 including a violation of section #ecaf or #ecbd7;c7 of this title1 shall be fined double the amount provided in subsection 7b77#c7 or 7c77#c7 of section #cega of title #ah4 2 and 7#d7 in paragraph 7#e71 as redesignated1 by striking paragraph 7#b7 and inserting paragraph 7#c74 #d4 ,section #aieg violations involving commingled funds and aggregated transactions ,section #aieg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,in a prosecution for an offense under this section1 the ,government may satisfy the #aj1jjj monetary transaction value requirement under subsection 7a7 by showing that-- 7#a7 the monetary transaction involved the transfer1 withdrawal1 encumbrance1 or other disposition of more than #aj1jjj from an account in which more than #aj1jjj in proceeds of specified unlawful activity was commingled with other funds2 or 7#b7 the defendant conducted a series of monetary transactions in amounts of not more than #aj1jjj that-- 7,a7 exceeded #aj1jjj in the aggregate2 and 7,b7 were closely related to each other as demonstrated by factors such as-- 7i7 the time period between the transactions2 7ii7 the identity of the parties involved2 7iii7 the nature or purpose of the transactions2 and 7iv7 the manner in which the transactions were conducted4 4 #e4 ,charging money laundering as a course of conduct ,section #aief of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7h71 by striking or section #aieg and inserting 1 section #aieg1 or section #aifj2 and 7#b7 by adding at the end the following3 7j7 ,multiple violations ,multiple violations of this section that are part of the same scheme or continuing course of conduct may be charged1 at the election of the ,government1 in a single count in an indictment or information4 4 #f4 ,illegal money services businesses 7a7 ,in general ,section #aifj of title #ah1 ,united ,states ,code1 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,offense ,whoever knowingly conducts1 controls1 manages1 supervises1 directs1 or owns all or part of a covered money services business that-- 7#a7 is operated without an appropriate license in a ,state where such operation is punishable as a misdemeanor or a felony under ,state law1 whether or not the person knows that the operation is required to be licensed or that the operation is so punishable2 7#b7 fails to comply with the money services business registration requirements under section #eccj of title #ca1 or regulations prescribed under that section1 whether or not the person knows that the operation is required to comply with those registration requirements2 or 7#c7 otherwise engages in a transaction involving funds that the person knows have been derived from a criminal offense or are intended to be used to promote or support unlawful activity1 shall be punished as provided in subsection 7b74 7b7 ,criminal penalty ,any person who violates-- 7#a7 subsection 7a7 shall be fined in accordance with this title1 imprisoned for not more than #e years1 or both2 and 7#b7 subsection 7a7 by conducting1 controlling1 managing1 supervising1 directing1 or owning all or part of a covered money services business that engaged in activity as a covered money services business involving more than #a1jjj1jjj during a #ab-month period1 or by engaging in a transaction or transactions involving more than #a1jjj1jjj during a #ab-month period1 shall be fined double the amount provided in subsection 7b77#c7 or 7c77#c7 7as applicable7 of section #cega1 imprisoned for not more than #aj years1 or both4 7c7 ,definitions ,in this section-- 7#a7 the term covered money services business means a money services business that-- 7,a7 operates on behalf of the public2 and 7,b7 affects interstate or foreign commerce in any manner or degree2 7#b7 the term money services business-- 7,a7 has the meaning given the term in section #eccj of title #ca and any regulations prescribed under that section2 and 7,b7 includes a person that engages in the transfer1 transportation1 or exchange of currency1 funds1 or value that substitutes for currency by any and all means1 even when not performed for profit2 and 7#c7 the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,northern ,mariana ,islands1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 7b7 ,technical and conforming amendments 7#a7 ,section #aifj of title #ah1 ,united ,states ,code 7,a7 ,section heading ,section #aifj of title #ah1 ,united ,states ,code1 is amended in the section heading-- 7i7 by striking unlicensed and inserting illegal2 and 7ii7 by striking transmitting and inserting services4 7,b7 ,table of sections ,the table of sections for chapter #ie of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #aifj and inserting the following3 #aifj4 ,prohibition of illegal money services businesses4 4 7#b7 ,section #eccj of title #ca1 ,united ,states ,code 7,a7 ,headings ,section #eccj of title #ca1 ,united ,states ,code1 is amended-- 7i7 in the section heading1 by striking transmitting and inserting services2 7ii7 in subsection 7c7-- 7,i7 in the subsection heading1 by striking transmitting and inserting services2 7,,ii7 in paragraph 7#a71 in the paragraph heading1 by striking transmitting and inserting services2 and 7,,iii7 in paragraph 7#b71 in the paragraph heading1 by striking transmitting and inserting services2 and 7iii7 in subsection 7d77#a71 in the paragraph heading1 by striking transmitting and inserting services4 7,b7 ,text ,section #eccj of title #ca1 ,united ,states ,code1 is amended-- 7i7 by striking money transmitting business each place that term appears and inserting money services business2 and 7ii7 in subsection 7a77#c71 by striking money transmitting businesses and inserting a money services business4 7,c7 ,table of sections ,the table of sections for subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code1 is amended by striking the item relating to section #eccj and inserting the following3 #eccj4 ,registration of money services businesses4 4 #g4 ,concealment money laundering ,section #aief7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,b71 by striking knowing that and all that follows through ,federal law1 and inserting the following3 7,b7 knowing that the transaction-- 7i7 conceals or disguises1 or is intended to conceal or disguise1 the nature1 source1 location1 ownership1 or control of the proceeds of some form of unlawful activity2 or 7ii7 avoids1 or is intended to avoid1 a transaction reporting requirement under ,state or ,federal law1 2 and 7#b7 in paragraph 7#b77;,b71 by striking knowing that and all that follows through ,federal law1 and inserting the following3 7,b7 knowing that-- 7i7 the monetary instrument or funds involved in the transportation1 transmission1 or transfer represent the proceeds of some form of unlawful activity2 and 7ii7 the transportation1 transmission1 or transfer-- 7,i7 conceals or disguises1 or is intended to conceal or disguise1 the nature1 source1 location1 ownership1 or control of the proceeds of some form of unlawful activity2 or 7,,ii7 avoids1 or is intended to avoid1 a transaction reporting requirement under ,state or ,federal law1 4 #h4 ,freezing bank accounts of persons arrested for offenses involving the movement of money across international borders ,section #iha7;b7 of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7#e7 7,a7 ,if a person is arrested or charged in connection with an offense described in subparagraph 7,c7 involving the movement of funds into or out of the ,united ,states1 the ,attorney ,general may apply to any ,federal judge or magistrate judge in the district in which the arrest is made or the charges are filed for an ex parte order restraining any account held by the person arrested or charged for not more than #cj days1 except that such #cj-;day time period may be extended for good cause shown at a hearing conducted in the manner provided in ,rule #dc7;c7 of the ,federal ,rules of ,civil ,procedure4 ,the court may receive and consider evidence and information submitted by the ,government that would be inadmissible under the ,federal ,rules of ,evidence4 7,b7 ,the application for the restraining order referred to in subparagraph 7,a7 shall-- 7i7 identify the offense for which the person has been arrested or charged2 7ii7 identify the location and description of the accounts to be restrained2 and 7iii7 state that the restraining order is needed to prevent the removal of the funds in the account by the person arrested or charged1 or by other persons associated with that person1 during the time needed by the ,government to conduct such investigation as may be necessary to establish whether there is probable cause to believe that the funds in the accounts are subject to forfeiture in connection with the commission of any criminal offense4 7,c7 ,a restraining order may be issued under subparagraph 7,a7 if a person is arrested or charged with any offense for which forfeiture is authorized under-- 7i7 this title2 7ii7 title #ca2 or 7iii7 the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hja et seq474 7,d7 ,for purposes of this paragraph-- 7i7 the term account includes any safe deposit box and any account 7as defined in paragraphs 7#a7 and 7#b7 of section #ecah;,a7e7 of title #ca7 at any financial institution2 and 7ii7 the term account held by the person arrested or charged includes an account held in the name of that person1 and any account over which that person has effective control as a signatory or otherwise4 7,e7 ,restraint under this paragraph shall not be deemed a seizure for purposes of section #ihc7;a74 7,f7 ,a restraining order issued under this paragraph may be executed in any district in which the subject account is found1 or transmitted to the central authority of any foreign ,state for service in accordance with any treaty or other international agreement4 4 #i4 ,prohibiting money laundering through hawalas1 other informal value transfer systems1 and closely related transactions ,the matter following section #aief7;a77#a77;,b77ii7 of title #ah1 ,united ,states ,code1 is amended by striking ,for purposes of this paragraph1 a financial transaction and inserting ,for purposes of this paragraph and section #aieg1 a financial transaction or a monetary transaction1 as applicable14 #aj4 ,technical amendment to restore wiretap authority for certain money laundering and counterfeiting offenses 7a7 ,currency reporting offenses ,section #beaf7a77;g7 of title #ah1 ,united ,states ,code1 is amended by striking or section #ecbd of title #ca1 ,united ,states ,code 7relating to structuring transactions to evade reporting requirement prohibited7 and inserting or section #ecbd1 #ecca1 or #eccb of that title 7relating to evasion of ,federal transaction reporting requirements74 7b7 ,money laundering ,section #beaf7a77;c7 of title #ah1 ,united ,states ,code1 is amended by inserting section #aifj 7relating to illegal money services businesses71 before section #fei4 7c7 ,counterfeiting ,section #beaf7a77;d7 of title #ah1 ,united ,states ,code1 is amended by striking or #dgc and inserting #dgc1 #dgd1 or #dgd;,a4 #aa4 ,making the international money laundering statute apply to tax evasion ,section #aief7;a77#b77;,a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7i7 before with the intent to promote2 and 7#b7 by adding at the end the following3 7ii7 with the intent to engage in conduct constituting a violation of section #gbja or #gbjf of the ,internal ,revenue ,code of #aihf2 or 4 #ab4 ,conduct in aid of counterfeiting 7a7 ,in general ,section #dgd7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting after the paragraph beginning ,whoever has in his control1 custody1 or possession any plate the following3 ,whoever1 with intent to defraud1 has custody1 control1 or possession of any material1 tool1 machinery1 or other equipment that can be used to make1 alter1 forge1 or counterfeit any obligation or other security of the ,united ,states or any part of such obligation or security1 except under the authority of the ,secretary of the ,treasury2 or 4 7b7 ,foreign obligations and securities ,section #dha of title #ah1 ,united ,states ,code1 is amended by inserting after the paragraph beginning ,whoever1 with intent to defraud the following3 ,whoever1 with intent to defraud1 has custody1 control1 or possession of any material1 tool1 machinery1 or other equipment that can be used to make1 alter1 forge1 or counterfeit any obligation or other security of any foreign government1 bank1 or corporation2 or 4 7c7 ,counterfeit acts ,section #dgj of title #ah1 ,united ,states ,code1 is amended by striking or #dgd and inserting #dgd1 or #dgd;,a4 7d7 ,strengthening deterrents to counterfeiting ,section #dgd;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting 1 custody1 after control2 7#b7 in subsection 7b7-- 7,a7 by inserting 1 custody1 after control2 and 7,b7 by striking any essentially identical feature or device adapted to the making of any such obligation or security1 and inserting any material or other thing made after or in similitude of any such deterrent12 and 7#c7 by adding at the end the following3 7d7 ,whoever has in his control1 custody1 or possession any obligation or security of the ,united ,states or any foreign government from which the ink or other distinctive counterfeit deterrent has been completely or partially removed1 except under the authority of the ,secretary of the ,treasury1 is guilty of a class ,b felony4 4 #ac4 ,administrative subpoenas for money laundering cases ,section #cdhf7;a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a77;,a7-- 7,a7 in the matter preceding clause 7i71 by striking of and inserting relating to2 7,b7 in clause 7ii71 by striking or2 7,c7 in clause 7iii7-- 7i7 by striking section #cjef and inserting section #cjef7;a72 and 7ii7 by striking the ,treasury1 and inserting ,homeland ,security2 or2 and 7,d7 by inserting after clause 7iii7 the following3 7iv7 an offense under section #aief1 #aieg1 or #aifj of this title1 or section #ecac1 #ecaf1 #ecbd1 #ecca1 or #eccb of title #ca1 or an offense against a foreign nation constituting specified unlawful activity under section #aief of this title1 or a criminal or civil forfeiture based upon an offense enumerated in this subparagraph or for which enforcement could be brought under section #bdfg of title #bh1 the ,attorney ,general1 the ,secretary of ,homeland ,security1 or the ,secretary of the ,treasury1 2 and 7#b7 in paragraph 7#f77;,b7-- 7,a7 in clause 7iii71 by striking or at the end2 7,b7 in clause 7iv71 by striking the period and inserting 2 or2 and 7,c7 by adding at the end following3 7v7 dissipation1 destruction1 removal1 transfer1 damage1 encumbrance1 or other unavailability of property that may become subject to forfeiture or an enforcement action under section #bdfg of title #bh4 4 #ad4 ,obtaining foreign bank records from banks with ,united ,states correspondent accounts 7a7 ,grand jury and trial subpoenas ,section #ecah7k7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 by redesignating subparagraph 7,b7 as subparagraph 7,c72 and 7,b7 by inserting after subparagraph 7,a7 the following3 7,b7 ,covered financial institution ,the term covered financial institution means an institution referred to in subsection 7j77#a74 2 and 7#b7 by striking paragraph 7#c7 and inserting the following3 7#c7 ,foreign bank records 7,a7 ,subpoena of records 7i7 ,in general ,notwithstanding subsection 7b71 the ,secretary of the ,treasury or the ,attorney ,general may issue a subpoena to any foreign bank that maintains a correspondent account in the ,united ,states and request any records relating to the correspondent account or any account at the foreign bank1 including records maintained outside of the ,united ,states1 that are the subject of any-- 7,i7 investigation of a violation of a criminal law of the ,united ,states2 or 7,,ii7 civil forfeiture action4 7ii7 ,production of records ,the foreign bank on which a subpoena described in clause 7i7 is served shall produce all requested records and authenticate all requested records with testimony in the manner described in-- 7,i7 rule #ijb7ab7 of the ,federal ,rules of ,evidence2 or 7,,ii7 section #ceje of title #ah4 7iii7 ,issuance and service of subpoena ,a subpoena described in clause 7i7-- 7,i7 shall designate-- 7aa7 a return date2 and 7bb7 the judicial district in which the related investigation is proceeding2 and 7,,ii7 may be served-- 7aa7 in person2 7bb7 by mail or fax in the ,united ,states if the foreign bank has a representative in the ,united ,states2 or 7cc7 in a foreign country under any mutual legal assistance treaty1 multilateral agreement1 or other request for international legal or law enforcement assistance4 7iv7 ,relief from subpoena 7,i7 ,in general ,at any time before the return date of the subpoena described in clause 7i71 the foreign bank on which the subpoena is served may petition the district court of the ,united ,states for the judicial district in which the related investigation is proceeding1 as designated in the subpoena1 to modify or quash-- 7aa7 the subpoena2 or 7bb7 the prohibition against disclosure described in subparagraph 7,c74 7,,ii7 ,conflict with foreign secrecy or confidentiality ,an assertion that compliance with the subpoena would conflict with a provision of foreign secrecy or confidentiality law shall not be a basis for quashing or modifying the subpoena4 7,b7 ,acceptance of service 7i7 ,maintaining records in the ,united ,states ,any covered financial institution that maintains a correspondent account in the ,united ,states for a foreign bank shall maintain records in the ,united ,states identifying-- 7,i7 the owners of such foreign bank2 and 7,,ii7 the name and address of a person who-- 7aa7 resides in the ,united ,states2 and 7bb7 is authorized to accept service of legal process for records covered under this subsection4 7ii7 ,law enforcement request ,upon receipt of a written request from a ,federal law enforcement officer for information required to be maintained under this paragraph1 a covered financial institution shall provide the information to the requesting officer not later than #g days after receipt of the request4 7,c7 ,nondisclosure of subpoena 7i7 ,in general ,no officer1 director1 partner1 employee1 or shareholder of1 or agent or attorney for1 a foreign bank on which a subpoena is served under this paragraph shall1 directly or indirectly1 notify any account holder involved or any person named in the subpoena issued under subparagraph 7,a77i7 and served on such an institution about the existence or contents of such subpoena4 7ii7 ,damages ,upon application by the ,attorney ,general for a violation of this subparagraph1 a foreign bank on which a subpoena is served under this paragraph shall be liable to the ,united ,states ,government for a civil penalty in an amount equal to-- 7,i7 double the amount of the suspected criminal proceeds sent through the correspondent account of the foreign bank in the related investigation2 or 7,,ii7 if no such proceeds can be identified1 #bej1jjj4 7,d7 ,enforcement 7i7 ,in general ,if a foreign bank fails to obey a subpoena issued under subparagraph 7,a77i71 the ,attorney ,general may invoke the aid of the district court of the ,united ,states for the judicial district in which the investigation or related proceeding is occurring to compel compliance with the subpoena4 7ii7 ,court orders and contempt of court ,the court may-- 7,i7 issue an order requiring the foreign bank to appear before the ,secretary of the ,treasury or the ,attorney ,general to produce-- 7aa7 certified records1 in accordance with-- 7,,aa7 rule #ijb7ab7 of the ,federal ,rules of ,evidence2 or 7,,bb7 section #ceje of title #ah2 or 7bb7 testimony regarding the production of such records2 and 7,,ii7 punish any failure to obey an order issued under subclause 7,i7 as contempt of court4 7iii7 ,service of process ,all process in a case under this subparagraph shall be served on the foreign bank in the same manner as described in subparagraph 7,a77iii74 7,e7 ,termination of correspondent relationship 7i7 ,termination upon receipt of notice ,a covered financial institution shall terminate any correspondent relationship with a foreign bank not later than #aj business days after the date on which the covered financial institution receives written notice from the ,secretary of the ,treasury or the ,attorney ,general if1 after consultation with the other1 the ,secretary of the ,treasury or ,attorney ,general1 as applicable1 determines that the foreign bank has failed-- 7,i7 to comply with a subpoena issued under subparagraph 7,a77i72 or 7,,ii7 to prevail in proceedings before-- 7aa7 the appropriate district court of the ,united ,states after challenging such a subpoena under subparagraph 7,a77iv77,i72 or 7bb7 a court of appeals of the ,united ,states after appealing a decision of a district court of the ,united ,states under item 7aa74 7ii7 ,limitation on liability ,a covered financial institution shall not be liable to any person in any court or arbitration proceeding for terminating a correspondent relationship under this subparagraph or complying with a nondisclosure order under subparagraph 7,c74 7iii7 ,failure to terminate relationship ,a covered financial institution that fails to terminate a correspondent relationship under clause 7i7 shall be liable for a civil penalty in an amount that is not more than #aj1jjj for each day that the covered financial institution fails to terminate the relationship4 7,f7 ,enforcement of civil penalties ,upon application by the ,united ,states1 any funds held in the correspondent account of a foreign bank that is maintained in the ,united ,states with a covered financial institution may be seized by the ,united ,states to satisfy any civil penalties that are imposed-- 7i7 under subparagraph 7,c77ii72 or 7ii7 by the court for contempt under subparagraph 7,d74 4 7b7 ,fair ,credit ,reporting ,act amendment ,section #fjd7;a77#a7 of the ,fair ,credit ,reporting ,act 7#ae ,u4,s4,c4 #afha;b7a77#a77 is amended-- 7#a7 by striking 1 or a and inserting 1 a2 and 7#b7 by inserting 1 or a subpoena issued in accordance with section #ecah of title #ca1 ,united ,states ,code1 or section #cdhf of title #ah1 ,united ,states ,code after grand jury4 7c7 ,obstruction of justice ,section #aeaj7;b77#c77;,b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in the matter preceding clause 7i71 by striking or a ,department of ,justice subpoena 7issued under section #cdhf of title #ah7 and inserting 1 a subpoena issued under section #cdhf of this title1 or an order or subpoena issued in accordance with section #ceab of this title1 section #ecah of title #ca1 or section #aghb of title #bh12 and 7#b7 in clause 7i7 by inserting 1 #aifj1 or an offense against a foreign nation constituting specified unlawful activity under section #aief1 or a foreign offense for which enforcement of a foreign forfeiture judgment could be brought under section #bdfg of title #bh after #aieg4 7d7 ,right to financial privacy act ,section #aabj7;b77#a77;,a7 of the ,right to ,financial ,privacy ,act of #aigh 7#ab ,u4,s4,c4 #cdbj7;b77#a77;,a77 is amended-- 7#a7 by striking or #aieg and inserting 1 #aieg1 or #aifj2 and 7#b7 by striking and #ecbd and inserting 1 #ecbb1 #ecbd1 #ecca1 and #eccb4 #ae4 ,danger pay allowance ,section #aea of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7#e ,u4,s4,c4 #eibh note7 is amended by striking ,drug ,enforcement ,administration or ,federal ,bureau of ,investigation and inserting ,drug ,enforcement ,administration1 the ,federal ,bureau of ,investigation1 ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or the ,united ,states ,secret ,service4 #af4 ,clarification of ,secret ,service authority to investigate money laundering ,section #cjef7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting money laundering1 structured transactions1 after documents or devices12 and 7#b7 by striking federally insured4 #ag4 ,prohibition on concealment of ownership of account 7a7 ,in general ,subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #eccc4 ,prohibition on concealment of ownership of account 7a7 ,in general ,no person shall knowingly conceal1 falsify1 or misrepresent1 or attempt to conceal1 falsify1 or misrepresent1 from or to a financial institution1 a material fact concerning the ownership or control of an account or assets held in an account with a financial institution4 7b7 ,penalties ,a person convicted of an offense under subsection 7a71 or a conspiracy to commit such offense1 shall be imprisoned for not more than #aj years1 fined not more than #a1jjj1jjj1 or both4 7c7 ,forfeiture 7#a7 ,criminal forfeiture 7,a7 ,in general ,the court1 in imposing penalties under subsection 7b71 shall order that the defendant forfeit to the ,united ,states any property involved in the offense1 or a conspiracy to commit such offense1 and any property traceable thereto4 7,b7 ,procedure ,section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec7 shall govern the seizure1 restraint1 and forfeiture of property under this paragraph4 7#b7 ,civil forfeiture 7,a7 ,in general ,any property involved in a violation of subsection 7a71 or a conspiracy to commit such violation1 and any property traceable thereto may be seized and forfeited to the ,united ,states4 7,b7 ,procedure ,seizures and forfeitures under this paragraph shall be governed by the provisions of chapter #df of title #ah relating to civil forfeitures1 except that such duties1 under customs laws described in section #iha7;d7 of title #ah1 given to the ,secretary of the ,treasury shall be performed by such officers1 agents1 and other persons as designated by the ,secretary of ,homeland ,security or the ,attorney ,general4 7#c7 ,treatment of certain property as involved in the offense ,in this subsection1 the term property involved in includes any assets credited to1 attempted to be credited to1 or contained in the account4 7d7 ,financial ,institution ,in this section1 the term financial institution means any entity defined under section #ecab7;a77#b71 or the regulations promulgated under this title1 that is required to-- 7#a7 implement a customer identification program under this title1 or the regulations promulgated under this title2 or 7#b7 conduct customer due diligence under this title1 or the regulations promulgated under this title4 4 7b7 ,table of sections ,the table of sections for subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 #eccc4 ,prohibition on concealment of ownership of account44 #ah4 ,prohibition on concealment of the source of assets in monetary transactions 7a7 ,in general ,subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code1 as amended by section #ag of this ,act1 is amended by adding at the end the following3 #eccd4 ,prohibition on concealment of the source of assets in monetary transactions 7a7 ,in general ,no person shall knowingly conceal1 falsify1 or misrepresent1 or attempt to conceal1 falsify1 or misrepresent1 from or to a financial institution1 a material fact concerning the ownership or control of assets involved in a monetary transaction if-- 7#a7 the person or entity who owns or controls such assets is a senior foreign political figure1 or any immediate family member or close associate of a senior foreign political figure1 as set forth in this title or the regulations promulgated under this title2 and 7#b7 the aggregate value of the assets involved in one or more such transactions is not less than #a1jjj1jjj4 7b7 ,source of funds ,no person shall knowingly conceal1 falsify1 or misrepresent1 or attempt to conceal1 falsify1 or misrepresent1 from or to a financial institution1 a material fact concerning the source of funds in a monetary transaction that-- 7#a7 involves an entity found to be a primary money laundering concern under section #ecah;,a or the regulations promulgated under this title2 and 7#b7 violates the prohibitions or conditions prescribed under section #ecah;,a7b77#e7 or the regulations promulgated under this title4 7c7 ,penalties ,a person convicted of an offense under subsection 7a7 or 7b71 or a conspiracy to commit such offense1 shall be imprisoned for not more than #aj years1 fined not more than #a1jjj1jjj1 or both4 7d7 ,forfeiture 7#a7 ,criminal forfeiture 7,a7 ,in general ,the court1 in imposing sentence under subsection 7c71 shall order that the defendant forfeit to the ,united ,states any property involved in the offense and any property traceable thereto4 7,b7 ,procedure ,the seizure1 restraint1 and forfeiture of property under this paragraph shall be governed by section #dac of the ,controlled ,substances ,act 7#ba ,u4,s4,c4 #hec74 7#b7 ,civil forfeiture 7,a7 ,in general ,any property involved in a violation of subsection 7a7 or 7b71 or a conspiracy to commit such violation1 and any property traceable thereto may be seized and forfeited to the ,united ,states4 7,b7 ,procedure ,seizures and forfeitures under this paragraph shall be governed by the provisions of chapter #df of title #ah1 relating to civil forfeitures1 except that such duties1 under the customs laws described in section #iha7;d7 of title #ah1 given to the ,secretary of the ,treasury shall be performed by such officers1 agents1 and other persons as may be designated for that purpose by the ,secretary of ,homeland ,security or the ,attorney ,general4 7e7 ,definitions ,in this section-- 7#a7 the term financial institution has the meaning given the term in section #ecab7;a77#b7 of this title2 and 7#b7 the term monetary transaction means the deposit1 withdrawal1 transfer1 or exchange1 in or affecting interstate or foreign commerce1 of funds or a monetary instrument 7as defined in section #aief7;c77#e7 of title #ah7 by1 through1 or to a financial institution 7as defined in section #aief7;c77#f7 of title #ah7-- 7,a7 including any transaction that would be a financial transaction under section #aief7;c77#d77;,b7 of title #ah2 and 7,b7 not including any transaction necessary to preserve a person's right to representation as guaranteed by the ,sixth ,amendment to the ,constitution of the ,united ,states4 4 7b7 ,table of sections ,the table of sections for subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code1 as amended by section #ag of this ,act1 is amended by adding at the end the following3 #eccd4 ,prohibition on concealment of the source of assets in monetary transactions44 #ai4 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 shall be construed to apply to the authorized law enforcement1 protective1 or intelligence activities of the ,united ,states or of an intelligence agency of the ,united ,states4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,combating ,money ,laundering1 ,terrorist ,financing1 and ,counterfeiting ,act of #bjai4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,transportation or transhipment of blank checks in bearer form4,sec4 #c4 ,bulk cash smuggling4,sec4 #d4 ,section #aieg violations involving commingled funds and aggregated transactions4,sec4 #e4 ,charging money laundering as a course of conduct4,sec4 #f4 ,illegal money services businesses4,sec4 #g4 ,prohibiting money laundering through hawalas1 other informal value transfer systems1 and closely related transactions4,sec4 #h4 ,technical amendment to restore wiretap authority for certain money laundering and counterfeiting offenses4,sec4 #i4 ,making the international money laundering statute apply to tax evasion4,sec4 #aj4 ,conduct in aid of counterfeiting4,sec4 #aa4 ,danger pay allowance4,sec4 #ab4 ,clarification of ,secret ,service authority to investigate money laundering4,sec4 #ac4 ,remittances and money laundering threat analysis4,sec4 #ad4 ,rule of construction4 #b4 ,transportation or transhipment of blank checks in bearer form ,section #ecaf of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7e7 ,monetary instruments with amount left blank ,for purposes of this section1 a monetary instrument in bearer form that has the amount left blank1 such that the amount could be filled in by the bearer1 shall be considered to have a value of more than #aj1jjj if the instrument was drawn on an account that contained1 or was intended to contain more than #aj1jjj at the time-- 7#a7 the instrument was transported2 or 7#b7 the instrument was negotiated or was intended to be negotiated4 4 #c4 ,bulk cash smuggling ,section #eccb7;b7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking #e years and inserting #aj years2 7#b7 by redesignating paragraphs 7#b71 7#c71 and 7#d71 as paragraphs 7#c71 7#d71 and 7#e71 respectively2 7#c7 by inserting after paragraph 7#a7 the following3 7#b7 ,fine 7,a7 ,in general ,whoever violates this section shall be fined under title #ah4 7,b7 ,enhanced fine for aggravated cases ,whoever violates this section while violating another law of the ,united ,states1 other than section #ecaf or #ecbd7;c7 of this title1 or as a part of a pattern of any unlawful activity1 including a violation of section #ecaf or #ecbd7;c7 of this title1 shall be fined double the amount provided in subsection 7b77#c7 or 7c77#c7 7as applicable7 of section #cega of title #ah4 2 and 7#d7 in paragraph 7#e71 as redesignated1 by striking paragraph 7#b7 and inserting paragraph 7#c74 #d4 ,section #aieg violations involving commingled funds and aggregated transactions ,section #aieg of title #ah1 ,united ,states ,code1 is amended by adding at the end the following3 7g7 ,in a prosecution for an offense under this section1 the ,government may satisfy the #aj1jjj monetary transaction value requirement under subsection 7a7 by showing that-- 7#a7 the monetary transaction involved the transfer1 withdrawal1 encumbrance1 or other disposition of more than #aj1jjj from an account in which more than #aj1jjj in proceeds of specified unlawful activity was commingled with other funds2 or 7#b7 the defendant conducted a series of monetary transactions in amounts of not more than #aj1jjj that-- 7,a7 exceeded #aj1jjj in the aggregate2 and 7,b7 were closely related to each other as demonstrated by factors such as-- 7i7 the time period between the transactions2 7ii7 the identity of the parties involved2 7iii7 the nature or purpose of the transactions2 and 7iv7 the manner in which the transactions were conducted4 4 #e4 ,charging money laundering as a course of conduct ,section #aief of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7h71 by striking or section #aieg and inserting 1 section #aieg1 or section #aifj2 and 7#b7 by adding at the end the following3 7j7 ,multiple violations ,multiple violations of this section that are part of the same scheme or continuing course of conduct may be charged1 at the election of the ,government1 in a single count in an indictment or information4 4 #f4 ,illegal money services businesses 7a7 ,in general ,section #aifj of title #ah1 ,united ,states ,code1 is amended by striking subsections 7a7 and 7b7 and inserting the following3 7a7 ,offense ,whoever knowingly conducts1 controls1 manages1 supervises1 directs1 or owns all or part of a covered money services business that-- 7#a7 is operated without an appropriate license in a ,state where such operation is punishable as a misdemeanor or a felony under ,state law1 whether or not the person knows that the operation is required to be licensed or that the operation is so punishable2 7#b7 fails to comply with the money services business registration requirements under section #eccj of title #ca1 or regulations prescribed under that section1 whether or not the person knows that the operation is required to comply with those registration requirements2 or 7#c7 otherwise engages in a transaction involving funds that the person knows have been derived from a criminal offense or are intended to be used to promote or support unlawful activity1 shall be punished as provided in subsection 7b74 7b7 ,criminal penalty ,any person who violates-- 7#a7 subsection 7a7 shall be fined in accordance with this title1 imprisoned for not more than #e years1 or both2 and 7#b7 subsection 7a7 by conducting1 controlling1 managing1 supervising1 directing1 or owning all or part of a covered money services business that engaged in activity as a covered money services business involving more than #a1jjj1jjj during a #ab-month period1 or by engaging in a transaction or transactions involving more than #a1jjj1jjj during a #ab-month period1 shall be fined double the amount provided in subsection 7b77#c7 or 7c77#c7 7as applicable7 of section #cega1 imprisoned for not more than #aj years1 or both4 7c7 ,definitions ,in this section-- 7#a7 the term covered money services business means a money services business that-- 7,a7 operates on behalf of the public2 and 7,b7 affects interstate or foreign commerce in any manner or degree2 7#b7 the term money services business-- 7,a7 has the meaning given the term in section #eccj of title #ca and any regulations prescribed under that section2 and 7,b7 includes a person that engages in the transfer1 transportation1 or exchange of currency1 funds1 or value that substitutes for currency by any and all means1 even when not performed for profit2 and 7#c7 the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,northern ,mariana ,islands1 and any commonwealth1 territory1 or possession of the ,united ,states4 4 7b7 ,technical and conforming amendments 7#a7 ,section #aifj of title #ah1 ,united ,states ,code 7,a7 ,section heading ,section #aifj of title #ah1 ,united ,states ,code1 is amended in the section heading-- 7i7 by striking unlicensed and inserting illegal2 and 7ii7 by striking transmitting and inserting services4 7,b7 ,table of sections ,the table of sections for chapter #ie of title #ah1 ,united ,states ,code1 is amended by striking the item relating to section #aifj and inserting the following3 #aifj4 ,prohibition of illegal money services businesses4 4 7#b7 ,section #eccj of title #ca1 ,united ,states ,code 7,a7 ,headings ,section #eccj of title #ca1 ,united ,states ,code1 is amended-- 7i7 in the section heading1 by striking transmitting and inserting services2 7ii7 in subsection 7c7-- 7,i7 in the subsection heading1 by striking transmitting and inserting services2 7,,ii7 in paragraph 7#a71 in the paragraph heading1 by striking transmitting and inserting services2 and 7,,iii7 in paragraph 7#b71 in the paragraph heading1 by striking transmitting and inserting services2 and 7iii7 in subsection 7d77#a71 in the paragraph heading1 by striking transmitting and inserting services4 7,b7 ,text ,section #eccj of title #ca1 ,united ,states ,code1 is amended-- 7i7 by striking money transmitting business each place that term appears and inserting money services business2 and 7ii7 in subsection 7a77#c71 by striking money transmitting businesses and inserting a money services business4 7,c7 ,table of sections ,the table of sections for subchapter ,,ii of chapter #ec of title #ca1 ,united ,states ,code1 is amended by striking the item relating to section #eccj and inserting the following3 #eccj4 ,registration of money services businesses4 4 #g4 ,prohibiting money laundering through hawalas1 other informal value transfer systems1 and closely related transactions ,the matter following section #aief7;a77#a77;,b77ii7 of title #ah1 ,united ,states ,code1 is amended by striking ,for purposes of this paragraph1 a financial transaction and inserting ,for purposes of this paragraph and section #aieg1 a financial transaction or a monetary transaction1 as applicable14 #h4 ,technical amendment to restore wiretap authority for certain money laundering and counterfeiting offenses 7a7 ,currency reporting offenses ,section #beaf7a77;g7 of title #ah1 ,united ,states ,code1 is amended by striking or section #ecbd of title #ca1 ,united ,states ,code 7relating to structuring transactions to evade reporting requirement prohibited7 and inserting or section #ecbd or #eccb of that title 7relating to evasion of ,federal transaction reporting requirements74 7b7 ,money laundering ,section #beaf7a77;c7 of title #ah1 ,united ,states ,code1 is amended by inserting section #aifj 7relating to illegal money services businesses71 before section #fei4 7c7 ,counterfeiting ,section #beaf7a77;d7 of title #ah1 ,united ,states ,code1 is amended by striking or #dgc and inserting #dgc1 #dgd1 or #dgd;,a4 #i4 ,making the international money laundering statute apply to tax evasion ,section #aief7;a77#b77;,a7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting 7i7 before with the intent to promote2 and 7#b7 by adding at the end the following3 7ii7 with the intent to engage in conduct constituting a violation of section #gbja or #gbjf of the ,internal ,revenue ,code of #aihf2 or 4 #aj4 ,conduct in aid of counterfeiting 7a7 ,in general ,section #dgd7;a7 of title #ah1 ,united ,states ,code1 is amended by inserting after the paragraph beginning ,whoever has in his control1 custody1 or possession any plate the following3 ,whoever1 with intent to defraud1 has custody1 control1 or possession of any material1 tool1 machinery1 or other equipment that can be used to make1 alter1 forge1 or counterfeit any obligation or other security of the ,united ,states or any part of such obligation or security1 except under the authority of the ,secretary of the ,treasury2 or 4 7b7 ,foreign obligations and securities ,section #dha of title #ah1 ,united ,states ,code1 is amended by inserting after the paragraph beginning ,whoever1 with intent to defraud the following3 ,whoever1 with intent to defraud1 has custody1 control1 or possession of any material1 tool1 machinery1 or other equipment that can be used to make1 alter1 forge1 or counterfeit any obligation or other security of any foreign government1 bank1 or corporation2 or 4 7c7 ,counterfeit acts ,section #dgj of title #ah1 ,united ,states ,code1 is amended by striking or #dgd and inserting #dgd1 or #dgd;,a4 7d7 ,strengthening deterrents to counterfeiting ,section #dgd;,a of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a71 by inserting 1 custody1 after control2 7#b7 in subsection 7b7-- 7,a7 by inserting 1 custody1 after control2 and 7,b7 by striking any essentially identical feature or device adapted to the making of any such obligation or security1 and inserting any material or other thing made after or in similitude of any such deterrent12 and 7#c7 by adding at the end the following3 7d7 ,whoever has in his control1 custody1 or possession any obligation or security of the ,united ,states or any foreign government from which the ink or other distinctive counterfeit deterrent has been completely or partially removed1 except under the authority of the ,secretary of the ,treasury1 is guilty of a class ,b felony4 4 #aa4 ,danger pay allowance ,section #aea of the ,foreign ,relations ,authorization ,act1 ,fiscal ,years #aiij and #aiia 7#e ,u4,s4,c4 #eibh note7 is amended by striking ,drug ,enforcement ,administration or ,federal ,bureau of ,investigation and inserting ,drug ,enforcement ,administration1 the ,federal ,bureau of ,investigation1 ,u4,s4 ,immigration and ,customs ,enforcement1 ,u4,s4 ,customs and ,border ,protection1 or the ,united ,states ,secret ,service4 #ab4 ,clarification of ,secret ,service authority to investigate money laundering ,section #cjef7;b77#c7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 by inserting money laundering1 structured transactions1 after documents or devices12 and 7#b7 by striking federally insured4 #ac4 ,remittances and money laundering threat analysis 7a7 ,definitions ,in this section-- 7#a7 the term appropriate congressional committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,caucus on ,international ,narcotics ,control of the ,senate2 7,d7 the ,committee on ,banking1 ,housing1 and ,urban ,affairs of the ,senate2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7,g7 the ,committee on ,financial ,services of the ,house of ,representatives2 7#b7 the term drug kingpins1 crime syndicates1 and other persons1 with respect to the use of remittances to finance terrorism1 narcotics trafficking1 human trafficking1 money laundering1 and other forms of illicit financing1 domestically or internationally1 means any persons who-- 7,a7 are connected to individuals and organizations associated with financing terrorism1 narcotics trafficking1 human trafficking1 money laundering1 and other forms of illicit financing1 domestically or internationally2 and 7,b7 have been designated as-- 7i7 a significant foreign narcotics trafficker under the ,foreign ,narcotics ,kingpin ,designation ,act 7#ba ,u4,s4,c4 #aija et seq472 7ii7 a significant transnational criminal organization under ,executive ,order #aceha 7#gf ,fed4 ,reg4 #ddgeg1 #hd ,fed4 ,reg4 #ajbee2 relating to blocking property of transnational criminal organizations72 or 7iii7 a ,specially ,designated ,global ,terrorist under ,executive ,order #acbbd 7#ff ,fed4 ,reg4 #dijgi1 #fg ,fed4 ,reg4 #ddgea1 #fh ,fed4 ,reg4 #djge1 #gj ,fed4 ,reg4 #hdii2 relating to blocking property and prohibiting transactions with persons who commit1 threaten to commit1 or support terrorism72 7#c7 the term human trafficking has the meaning given the term severe forms of trafficking in persons in section #ajc of the ,trafficking ,victims ,protection ,act of #bjjj 7#bb ,u4,s4,c4 #gajb72 7#d7 the term money services business has the meaning given the term in section #eccj of title #ca1 ,united ,states ,code1 as amended by section #f7;b77#b72 and 7#e7 the term money transmitting service has the meaning given the term in section #eccj of title #ca1 ,united ,states ,code4 7b7 ,analysis 7#a7 ,requirement ,not later than #a year after the date of the enactment of this ,act1 the ,secretary of the ,treasury1 in consultation with the ,attorney ,general1 the ,secretary of ,homeland ,security1 and the head of any other appropriate ,federal law enforcement agency1 shall submit to the appropriate congressional committees a threat and operational analysis of the use of remittances by drug kingpins1 crime syndicates1 and other persons to finance terrorism1 narcotics trafficking1 human trafficking1 money laundering1 and other forms of illicit financing1 domestically or internationally4 7#b7 ,contents ,the ,secretary of the ,treasury shall include in the threat and operational analysis required under paragraph 7#a7 the following3 7,a7 ,current and potential threats posed by individuals and organized groups seeking-- 7i7 to exploit security vulnerabilities with respect to remittances and money transmitting services2 or 7ii7 to unlawfully use remittances to finance terrorism1 narcotics trafficking1 human trafficking1 money laundering1 or other forms of illicit financing1 domestically or internationally4 7,b7 ,methods and pathways used to exploit security vulnerabilities4 7,c7 ,challenges presented by identity theft in the use of remittances and money transmitting services4 7,d7 ,improvements needed to enhance cooperation between and among ,federal1 ,state1 and local officials1 including ,state regulators1 ,state and local prosecutors1 and other law enforcement officials4 7,e7 ,improvements needed to enhance cooperation between money services businesses and ,federal1 ,state1 and local officials1 including ,state regulators1 ,state and local prosecutors1 and other law enforcement officials4 7#c7 ,analysis requirements ,in compiling the threat and operational analysis required under paragraph 7#a71 the ,secretary of the ,treasury1 in consultation with the ,attorney ,general1 the ,secretary of ,homeland ,security1 and the head of any other appropriate ,federal law enforcement agency1 shall consider and examine the personnel needs1 technology needs1 and infrastructure needs of ,federal law enforcement agencies4 7c7 ,remittances strategy and implementation plan 7#a7 ,in general ,not later than #ahj days after the date on which the ,secretary of the ,treasury submits the threat analysis under subsection 7b71 and every #e years thereafter for #aj years1 the ,secretary of the ,treasury1 in consultation with the ,attorney ,general1 the ,secretary of ,homeland ,security1 and the head of any other appropriate ,federal law enforcement agency1 shall submit to the appropriate congressional committees a remittances strategy and implementation plan4 7#b7 ,contents ,in preparing the remittances strategy and implementation plan under paragraph 7#a71 the ,secretary of the ,treasury shall consider the following3 7,a7 ,the remittances threat and operational analysis required under subsection 7b71 with an emphasis on efforts to mitigate threats and challenges identified in the analysis4 7,b7 ,efforts to reduce the use of remittances and money transmitting services by drug kingpins1 crime syndicates1 and other persons to finance terrorism1 narcotics trafficking1 human trafficking1 money laundering1 and other forms of illicit financing1 domestically or internationally4 7,c7 ,efforts to prevent human trafficking and the unlawful movement of illicit drugs and other contraband through the use of remittances and money transmitting services1 and standards against which the effectiveness of those efforts may be determined4 7,d7 ,efforts to focus collection and information analysis to disrupt transnational criminal organizations attempting to exploit security vulnerabilities1 and standards against which the effectiveness of those efforts may be determined4 7,e7 ,personnel1 technology1 and infrastructure needs of ,federal law enforcement agencies4 7,f7 ,efforts to prevent1 detect1 investigate1 and mitigate money laundering activities through remittances and money transmitting services1 and standards against which the effectiveness of those efforts may be determined4 7,g7 ,the lawful use of remittances1 the role that remittances play in countries' economies1 and how any recommended measures would impose additional burdens on remittances in light of their lawful uses4 #ad4 ,rule of construction ,nothing in this ,act1 or any amendment made by this ,act1 shall be construed to apply to the authorized law enforcement1 protective1 or intelligence activities of the ,united ,states or of an intelligence agency of the ,united ,states4 ,july #bc1 #bjai,reported with an amendment